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EEMAEKS ON THE SCHOOL LAW. 



..1 



Department of Public Instruction, 

Springfield^ III.^ Marc\ 1860. 

The following opinions and interpretations of the School 
Law, are selections, in most instances verbatim, from the offi- 
cial correspondence of the Department. 

They are published in this form, for wider circulation, as 
some of the questions considered, are not local in their charac- 
ter, but have a bearing upon the general interests of education 
throughout the State. 



question. 



It is proposed to form a now District from parts of several old Districts ; is it nec- 
essary to have a majority in each of the several Districts concerned, in favor of the 
proposed measure ? 

REMARKS. 

It is. The opinion of this Department on the subject of the 
above inquiry, was expressed in a circular issued March 7, 
1859. 

I will endeavor to re-state that opinion in clear and explicit 
terms. 

After a township is laid off into Districts, the boundaries of 
those Districts cannot be changed without the consent of a 
majority of the legal voters in each and every District interest- 
ed in, or in the least affected by, the proposed change. If the 
subject comes up in the form of petition and remonstrance, the 
Trustees cannot act, unless one paper or the other, contains a 



» 

clear majority of all the voters in the Distinct. It is not enough 
if one paper simply has more signers than the other ; for in 
that case, a small minority might secure a division contrary to 
the wishes of a large majority. There must be a majority of 
the whole District either for or against, before the Trustees can 
act. 

When a petition or a remonstrance is signed by a clear trOt 
jority^ it is the duty of the Trustees to act, and to be governed 
in their action by the paper having such majority. For the 
power of the Trustees, in the premises, is a delegated not an 
arhitrary power — they are the agents of the people, whose in- 
structions, when clearly and legally expressed, they are bound 
to regard. 

To be a little more particular : [N'ot the smallest strip of ter- 
ritory, whether inhabited or not, can be taken from one Dis- 
trict and added to another, without the consent of a majority 
of the whole District to which such strip belongs, as well as of 
that to which it is to be attached. 

If a majority in loth Districts is for it, the Trustees can act; 
if otherwise, not. 

If said strip of territory contained, say, five families, and 
they were unanimous for being set off, it could not be done 
without a majority vote of the whole District of which they 
were a part. 

Again, if it is proposed to consolidate^ sslj, five Districts into 
one. Only those can be united, by the Trustees, which consent 
to the union, by a majority vote — if four are in favor of the 
union, they may be consolidated, but they cannot force the 
fifth into the measure — if three are for it, the Trustees may 
unite them, but those three have no control over. the other two, 
&c. 

The only modification to which these principles are liable, 
is where the District or Districts concerned, lie in two or more 
Townships. 

In this case, the same rule precisely, holds good, so far as 
the Districts are concerned — nothing can be done without a 
clear majority in each — the only 7iew condition is, that the two 
or more Boards of Trustees, must "act in conjunction," as the 
law has it ; that is, must concfuir in, consent or agree to, the pro- 



posed change ; without which mutual consent, the proposed 
measure cannot be legally consummated. 

It is not necessary that the several Boards of Trustees should 
all meet together^ and debate the question in joint session^ in or- 
der to "act in conjunction," in the sense of the statute. All 
that is essential is, that there should be agreement^ concurrence^ 
in respect to the subject proposed. The several Boards may 
meet together, or separately, and make known their action af- 
terwards . 

The foregoing opinions and arguments, are based upon the 
theory of the absolute independence of individual Districts, — 
(after their boundaries have once been legally determined) — 
the indisputable right oi t\iQ people of the several DistrictSj to 
manage and regulate their territorial concerns in their own 
way. 

That this view is supported by a reasonable construction of 
the statute, cannot, I think, be doubted. 

Prior to i]iQ first division of a Township into Districts, the 
whole Township may be considered as constituting one school 
District. When the Trustees come, for the first time, to subdi- 
vide this Township, or general District into school Districts 
proper, the law declares in terms the most positive and man- 
datory, in what manner or upon what principles it shall be 
done — viz — "to suit the wishes and convenience of a majority of 
the inhabitants y 

By this clause, the theory of the law, in the premises, is 
clearly indicated — the supremacy of the popular will — and the 
same rule of action, thus authoritatively laid down and applied 
in the original sub-division into Districts, should, in the esti- 
mation of this Department be carried forward and applied in 
all subsequent changes of boundaries in the separate Districts. 

It is not to be denied, that inconvenience and injustice may 
grow out of the practical application of these principles, in cer- 
tain cases — all rules and prerogatives are liable to abuse. 

But this rule of interpretation is adhered to by this office, 
first, because it is close to the letter, and is believed to be the 
true intent and meaning of the law — and second, because, even 
if there were latitude for a difierent construction, it is believed 
that the one now given, is far less liable to abuse than that 



which would clothe the Trustees with absolute and arbitrary 
control over the subject of boundaries. 

The most obstinate and protracted quarrels which have come 
to the notice of the Department since my connection with it, 
have grown out of the assumption and exercise of such an un- 
warranted and irresponsible authority, on the part of the Trus- 
tees. 



QUESTION. 



Directors contract with a man to teach six months. After teaching a short time, 
the shool-house is destroyed by fire. The teacher does not ask, or the Directors of- 
fer, a release from the contract. After six weeks, a new house is ready. The teacher 
resumes his school, completes his six months, from date of contract, and demands 
pay for the whole time. Is he entitled to it ? 

ANSWEB. 

He is. In covenanting with the teacher for six months, the 
Directors virtually agreed to provide a house and keep him 
employed. The contract was not conditioned upon contin- 
gencies, but was clear and definite. After the house was burnt, 
the teacher, one of the contracting parties, still felt bound by 
his agreement, and stood ready and waiting to comply with 
its conditions. He did not ash for a release — the Directors 
did not propose a release, or express any desire for it, or sug- 
gest any modification of the contract. And so the teacher 
waited, for six weeks, regarding himself all the while as 
bound by the original agreement, and debarred the liberty of 
seeking employment elsewhere. 

If, after the disaster to the house, the parties had agreed to 
cancel or modify the contract; or if the teacher had sought 
and obtained other employment, he could not, in that case, 
have claimed of the Directors the fulfilment of the contract 
according to its original provisions. As it is, the case is clear 
— the teacher has legal recourse upon the Directors for his 
wages for the whole six months. 



QUESTION. 

District No. 6 was organized five years ago, but never had any school till Septem- 
ber 1859. District No. 7 v?as organized in April 1859, but has had no school. Both 
will claim a share of the public money in April 1860, on the ground that the six 
months rule does not apply to newly organized Districts. Can their claims be al- 
lowed ? 

ANSWER. 

They cannot. District l^o. 6 is not "newly organized," 
and hence cannot claim exemption from the operation of the 
six months rule. 

District l^o. 7 is '' newly organized," but having had no 
school at ally cannot share in the April apportionment. 

The Law allows one year's grace only, after organization. 
If a District does not at least begin to do "her duty within that 
time, she forfeits her interest in the school fund. 



QUESTION. 



If a Trustee, whose term of office expires in October, is elected Director in Septem- 
ber preceding, but does not enter upon the dutiet of the latter office, until after the 
expiration of his tenure of the former, is he a legal Director ? 

REMARKS. 

I think he is. He did not attempt to exercise the functions 
of hoth offices at the same time. In other words, he was not, 
in the sense ot the statute, " at the same time Director and 
Trustee " — he did not assume the active duties of Director, 
until he had ceased to act as Trustee. That a man can be le- 
gally elected Director, while still a Trustee, is, of course, un- 
questionable. 

I do not think, therefore, that his right to act as Director 
(to which, office he had been legally elected) after his term of 
offic3 as Trustee had expired, can be successfully challenged, 
under a reasonable construction of that clause in the 4:2nd Sec- 
tion, which bears upon the case. 



QUESTIOJf. 

Does the Form of Certificate given in Section 44 of the School Law, answer for 
oK legitimate school purposes — such as building school houses, purchasing sites^ 
paying teachers, incidental expenses, &c., &c ? 



ANSWER. 



It does. 'No other Form of Certificate, for all the purposes 
concerned, is given or required, in the Act of 1859. 



QUESTION. 
What constitutes legal evidence of the election of a Board of Directors ? 

ANSWEE. 

The Poll-book with the Certificate of the Judges, on file in 
the ofiice of the Township Treasurer, is the onlj legal evi- 
dence of such election. See Sec. 42, Act 1859. 



QUESTION. 



Can the Clerk of a Board of Trustees legally act, at the same time, as District 
Director ? 



ANSWER. 



He can. 



SCHOOL TEAR. 



Every school year begins October Ist, and ends Septem- 
ber 30th. 



SIX months' rule. 



The application of the six months' rule is this : No Dis- 
trict is entitled to share in the distribution of the public school 
fund, which has not had a f7'ee school for six months, during 
the school year next preceding that in which dernand is made for 
payment. 

The rule always has reference to the preceding school year. 
Thus: every School District in the State, which had a six 
months' free school, during the school year ending September 



SOtli, 1859, will be entitled to draw public money in April 
and October 1860, no matter whether it has had six months 
school since the commencement of the present school year^ or not. 

If, for instance, a District which has only had one month's 
school, this school year^ should present its schedule in April 
next, the Trustees must pay it: Provided, That said District 
had six months' school during the last school year. 

I have been thus particular, because many school officers 
in the State, have never clearly understood the matter — as 
hundreds of letters have abundantly testified. 

It is of course, unnecessary to add, that a District in which 
no school at all, has been kept the present school year, cannot 
draw public money in April or October next. No school, no 
money, is the doctrine of the law. 



NEWLY OEGAJvriZED DISTEICTS. 



The six months' rule does not apply to newly organized 
Districts. 



TEIJSTEES TO WITHHOLD FUNDS. 

As is stated elsewhere in this circular, it is held that Trus- 
tees have the power, and that it will be their duty, to withhold 
the school fund, in April and October next, from all Districts 
which have not complied with the six months' rule of the lawj 
as above interpreted. 



WHO MAT VOTE, SIGN PETITIONS, ETC., IN SCHOOL DISTEICTS. 

Persons qualified to vote under the general election laws of 
this State, and no others, are entitled to vote, sign petitions, 
&c., in School Districts. 

To this there is but a single exception, and that is in respect 
to the " question of raising money," where certain qualifica- 
tions are required, as stated in the 42nd Section of the Act. 
The construction placed upon that section by the Department 
will be found in another part of this circular. 



TITLE OF SCHOOL HOUSES AND SCHOOL SITES. 

Section 39 provides that the "title, care and custody of all 
school houses and school sites " shall vest in the Township 
Trustees. 

Deeds for such property must be made to the Trustees^ who 
hold them for the benefit of the District, and not to the Di- 
rectors, 



CORPORAL PUNISHMENT. 

The law is silent on the subject of corporal punishment in 
schools. It neither grants nor withholds authority to inflict 
it. The whole subject is left to the judgment and discretion 
of the local school authorities, and to the sanction of general 
usage and custom. 

That the teacher must be clothed with authority to use the 
rod in certain cases, is self-evident. It grows out of the very 
nature of the case, and of his relations to his pupils. The 
prudent exercise of such authority, is acquiesced in by the 
opinions and practice of the whole country, and is almost in- 
variably sustained by the courts; on the ground, not of statu- 
tory enactments, but of common custom, common sense, com- 
mon justice, and the nature and necessity of the case. 

It is only the flagrant abuse of the admitted right^ which 
either society or the law, is disposed to frown upon and con- 
demn. 



BACK SCHEDULES. 



Directors cannot certify schedules which reach back more 
than six months from the regular semi-annual time fixed by 
law, for the return of schedules. 

I am often asked the question : If there is not money 
enough in April to pay teachers whose wages are then jtist 
due^ and also to liquidate older claims ; which creditors should 
\i^ preferred and first paid, by the Directors? 

I answer, that so far as the matter is optional with the Di- 



9 

rectors, justice would seem to require tliat the oldest creditor 
should be paid lirst. If the time when one creditor shall be 
paid, is fixed by definite agreement, while no such specific 
contract is made with another, that fact should decide the 
course of the Directors. But if, which is generally the case, 
payment is due and promised, in April, to all the creditors 
alike, there is no margin for preference — the Directors are 
bound in law and in honor, to meet all their engagements. . 
If this is impossible, a jpro rata distribution would, perhaps, 
be most equitable. 

If a teacher has the promise of the Directors, that his wages 
will be paid in April, it is a great wrong, not to use a harsher 
word, to compel him to wait till October — and if the fault is 
in the Directors; if they did not levy the necessary tax, they 
may and should be strictly held to account, for their neglect. 
.Contracts with teachers are as sacred, and their strict fulfil- 
ment should be as prompt, and may be as rigorously enforced, 
as any other contracts. The public conscience needs, in many 
quarters, to be enlightened on this subject. The wretched 
policy of making a levy that will barely meet expenses on the 
most parsimonious scale, with no allowance for commissions 
of collector and other inevitable deductions — thus always 
leaving the District in debt and creditors dissatisfied — cannot 
be too earnestly condemned. The assessment should be lib- 
eral enough to leave a bal'^nco, not a dciiciency. 

Teachers are entitled to interest on all arrearages of wages, 
from the time they were due. 



WRITTEN PERMISSIONS. 

It is held that pupils cannot be legally transferred from one 
District to another, without the " written permission " of the 
Directors of hoth Districts. 

These permissions should be presented to the teacher, for 
his protection in the premises, and each Board of Directors 
should also make a minute of the same, in their Records, as 
evidence, in case of need, that the transfer was regular. 
—2 



10 

This is a plain and simple requirement, and if followed, 
there could be no difficulty. 

When a scholar applies for admission from another District, 
the teacher should, before receiving him, ask for the written 
evidences of consent. If they are produced, the teacher hies 
them away, and receives the pupil — if they are not produced, 
the scholar should be informed that he cannot be admitted. 

If the teacher is instructed by his Director?, to admit a pu- 
pil, against the expressed wishes of the Directors of the other 
District, the teacher should obey such instructions, but the 
whole responsibility rests upon the Directors who presume to 
disregard the wishes of the other District. In such a case, 
the Directors have no recourse upon the funds of the District 
whence the scholar comes, and unless they expressly stipulate 
with the pupil to pay his own tuition, they are responsible per- 
sonally to the teacher for the amount ; that is, if the teacher 
is paid hy the scholar. If the teacher is paid by the month 
or quarter, he would of course, have no claim upon the Direc- 
tors, for the tuition of the pupil in question. 

But the right of the Directors, openly to disregard the wish- 
es of the other District, and to require a teacher to receive a 
pupil, under such circumstances, is, in my judgment, ques- 
tionable. 



OVER FIVE AND UNDEK TWENTY-ONE. 

Those only, who are over five and under twenty-one years 
of age, have a legal claim to the privileges of the public 
schools. 

But the Directors have, in my estimation, some discretion 
in the premises. They cannot refuse any whose ages are with- 
in the jprescrihed limits.^ but they may, in special cases, and 
when the interests of the school will not in any manner be 
compromised thereby, receive persons over twenty-one, either 
residents or non-residents. The persons so received should 
be charged a reasonable fee for tuition, and their attendance 
noted in the schedule the same as other scholars. For such 
scholars, when non-residents, written permissions will not be 



11 

required — when resident^ the Directors may^ in special instan- 
ces, gdmit them free. Children under live should in no case 
be received. The public school is no place for infants, and 
teachers are not deputj^nurses. Children of that age are only 
sent to school " to be out of the way," and never fail to be in 
the way of the teacher and of the success of the schooh It is 
to be regretted, in my opinion, that the law does not fix the 
minimum age at six or seven. Every teacher knows that very 
young children require more time than older ones, and that 
in mixed schools they cannot receive proper attention without 
neglect and injustice to others. 



LIABILITY WHEI!f PUPILS ARE TEANSFERRED. 

When scholars are legally transferred from one District to 
another, the Directors of the District from which such schol- 
ars are sent, are liable in law, to the DiredGrs of the District 
in which the school is kept (not to the teacher) for their just 
proportion of the expense ; as provided in the 35th Section of 
the Act of 1859. The liability is corporate^ not personal. 



THE THIRTY-FOURTH SECTION. 

Trustees are to apportion the funds to Districts, on the two- 
fold basis of census and schedule^ one-half on each. At the 
risk of needless repetition, I will try to state the several steps 
in the process, for the guidance of any who may be in doubt. 

1. The first step is to ascertain the whole amount on hand, 
and ready for distribution. And here I would recommend 
that only cash in hand^ be apportioned. So many instances 
have been reported to this ofiice, in which the interest due on 
the Township fund, but notjoaid^ has been apportioned to the 
Districts, upon the most positive promise of the parties that it 
wouM be promptly paid, and where such promises have not 
been kept, and teachers and other creditors have been disap- 
pointed, and misunderstanding and trouble have resulted ; that 
I am decidedly of opinion that the better way is for Trustees 



12 

not to rely upon such uncertainties, but to apportion as cash^ 
that which is cash^ leaving interest &c. due but unpaid, for the 
next distribution. 4 

2. The second step is to divide the amount on hand, into 
two equal parts. 

3. The next step is to apportion" these sums to the several 
Districts. To ajyportion, and to distribute^ or jpay out^ are very 
different. The former, is to estimate and determine the just 
share accruing to each District. The latter, is to actually dis- 
pose of the sums thus ascertained to be due, to the parties au- 
thorized to receive them. Days, or months even, may elapse, 
between apportionment and distribution. 

4. The last step in the process, is to jpay over the money ^ as 
required by the Directors, in their certificates on the sched- 
ules, or by a special order. 

Let us take a case: 

I. We have $5000, on hand. 

II. We divide into equal parts, $2500, each. 

III. We apjportion $2500, on census. 

There are four Districts in the Township, from which the 
returns of children under twenty-one, are as follows : 

District No. 1 has 800 children. 
District No. 2 has 700 children. 
District No. 3 has 600 children. 
District No. 4 has 500 children. 



Total, 2600 children. 

We then say : 

Census Census Dollars. Dolls, cts. 

2600: 800:: 2500: 769 23— Amount due District No. 1. 
2600 : 700 : : 2500 : 673 OS — Amount due District No. 2. 
2600 : 600 :: 2500 : 576 92 — Amount due District No. 3. 
2600: 500:: 2500: 480 77 — Amount due District No. 4. 



2600 : 2600 :: 2500 : 2500 00 Proof. 

We now apportion $2500, on attendance certified in the 
schedules. 

The grand totals ot days' attendance, certified in the sever- 
al schedules are as follows : 

District No. 1 reports 12000 days. 
District No. 2 reports 8000 days. 
District No. 3 reports 6000 days. 
District No. 4 reports 4000 days. 

Total 30000 days. 



13 

We til en say, as before: 

Days Days Dolls. Dolls, cts. 



3000C 


12000 


: 2500 : 


30000 


8000 


: 2500 : 


30000 


6000 


: 2500 : 


30000 


4000 


: 2500 : 



999 99— Amount due District No. 1. 
666 66 — Amount due District No. 2. 
499 99 — Amount due District No. 9. 
333 36— Amount due District No. 4. 



30000 : 30000 : : 2500 : 2500 00 Proof. 

Our Treasurer then makes entries in his Cash Book as fol- 
lows : 

A. B. Treasurer of T R &c. 

In account loith District No. 1. 

To distributive share on census $769 23 

To distributive share on schedule 999 99 

Amount $1769 22 

And in the same manner, for each District. 

The money is now duly apportioned to the Districts. The 
Trustees have nothing more whatever to do with a dollar of it 
except to instruct the Treasurer to pay it out on the proper or- 
der of the Directors. I repeat, that after the money has thus 
been apportioned, all jurisdiction and control, on the part of 
the Trustees, entirely ceases. The Township Treasurer now 
sustains to the several Districts, the relation of banker, with 
whom the former have funds on deposit, and he is prepared : 

lY. Ho pay out, on the order of the Directors. 

The Directors of District l^o. 1 certify on the schedule that 
there is due their Teacher, as per contract, say $500. Or they 
give him a special order for that sum — the schedule is legally 
equivalent to an order. Whereupon the Treasurer pays the 
money, takes a receipt, and makes the following entry in his 
Cash Book : 

A. B. Treastjrbr of T E Ac, &c. 

In account with District No. 1. 
Per Contra. 
By amount paid C. D. Teacher, &c $500 

By comparing the debit and credit sides, it will be seen that 
there is now a balance of $1269 22, in the Treasurer's hands, to 
the credit of District ]^o. 1. Upon this halance, the Directors 
may draw, at any time, for any legitimate school purposes. 

The above remarks are intended merely as hi7its to the in- 
experienced, not as arbitrary formulas, to be literally followed 



14 

by all. I am perfectly aware that practical business men, 
have no need ot these snara'estions, and that such men will 
reach the coi-rect result in the apportionment, by a much shor- 
ter route. But I am now writing for those who may not be 
practical, experienced business men, and if I have made one 
single point, more clear, to one single mind, I shall not have 
w^ritten in vain. 



EMPLOYING SUBSTITUTES. 



If a teacher should be taken sick, or should be absent for 
any other cause, he cannot employ a substitute against the 
washes of the Board of Directors. 



DISTRICTS Vv^HICII HAVE NO SCHOOLS. 

No funds can be apportioned by the Trustees to Districts in 
which 7Z6> schools have been kept, or which have not complied 
with the six months'' rule — how then is the tuition of scholars 
from such Districts to be paid, when they attend school in oth- 
er Districts? 

Since the Directors of such delinquent Districts, cannot in 
any manner be recognized by the Trustees, I do not see but 
one way to proceed in the class of cases embraced in the inter- 
rogatory. The schedules of such scholars should be presented 
(together with the regular schedule of the District) to the Trus- 
tees of the proper Township by the Directors of the District in 
^vhich the school is taught^ with a note or certificate, setting 
forth the fact that the pupils in said schedule, are from Districts 
having no schools, or, which have not complied with the terms 
of tlie law. Thereupon, the Trustees, in apportioning upon 
schedules, shall add the total attendance of the two schedides^ 
and credit the District in which the school was kept, with the 
amount ^apportioned upon the whole. The additional amount 
thus accruing to the District, will be nearly or quite sufficient 
to defray the tuition of the non-resident scholars. It will also 
be borne in mind, that the delinquent District forfeits all that 



15 

wonld have been apportioned to it, ii/pon the census of children 
under 21 ; which amount is apportioned to the other Districts 
of the Township, thereby still further enabling them to meet 
the expense of schooling the children in question. The same 
course should be adopted where scholars come from unorgan- 
ized Districts, or from Districts which have had schools, but not 
for six months, as the law requires. 

This view does not contravene or prevent the penal conse- 
quences of failing to comply with the six months' rule of the 
law; whilQ it meets the case of man}^ children who would oth- 
erwise be wholly debarred the benehts of our public schools. 

It does not avert the penalty, because when a District has 
forfeited its right to the public funds, there is no possible way 
for it to regain that right, save by a Jjistrict tax sufficient to 
defray all the expenses of a free school for si^ months — after 
wdiich it will again be entitled to public money. 

A delinquent District moreover, is in constant danger of be- 
ing excluded altogether, from the schools of neighboring Dis- 
tricts — for its children are only "tenants at will" in other 
schools — liable at anytime to be wholly refused. Under no 
circumstances whatever, can scholars from unorganized, or de- 
linquent Districts, gain admission to other schools, against the 
will of the Directors of said schools. 

If there are children, who, through the indifference or neg- 
lect of Directors, have no school to go to — or who are so unfor- 
tunate as to live in unorganized Districts — or in Districts too 
small to sustain a school — and if other and more favored Dis- 
tricts, as a matter of grace and favor, are w^illing to receive and 
teach them, they have the right to do so, and to be paid for it. 
It is the purpose of this explanation to show how it may be 
done. 



DIVISION OF TAXES. 



When a new District is formed, from parts of one or more 
Districts in which taxes had already been levied : said taxes 
should be divided by the Trustees, at the tiineiliQ new District 
is formed, and the Treasurer should be instructed to hold the 



16 

portion of such taxes belonging to said new District when col- 
lected and paid over to him, subject to the order of the Direc- 
tors of said new District. But if no division of tax funds w^as 
made, w^hen the new District was formed, it is competent for 
the Trustees to make such division, at any time^ and they 
should do so without dela}^ — for District taxes are subject to 
call, at any time after collection, and the new District should not 
be dej)rived of her portion by the neglect of the Trustees — sec- 
tions 33 and 39 prescribe the manner of dividing the tax funds 
when new Districts are formed. 



NO PERMISSION NECESSARY IN CERTAIN CASES. 

Scholars from unorganized Districts, cannot carry written 
permissions, in asking admittance to other schools, for the sim- 
ple reason that there are no Directors to furnish them — and 
the law does not contemplate or require the election of Direc- 
tors in one District, for the sole purpose of giving permissions 
to attend school in another District. The consent of the Direc- 
tors of the District in which the school is kept, is ail that is 
necessary or possible, in such cases. 

A District is said to be "organized," in the sense of the stat- 
ute, when it has a legally elected and properly constituted 
Board of Directors. 



QUESTIONS. 

Is a teacher obliged to teacli Algebra in our common schools provided said teach- 
er is competent to teach the same? Would a school be considered open to all schol- 
ars if the teacher refused to give instruction in Algebra? Have the Directors power 
to prohibit a teacher from giving instruction in Algebra ? 

REMARKS. 

The law makes the Directors the sole judges of what the in- 
terests of the schools in their district require, and clothes them 
with full authority to promote and protect those interests in 
every just and legal manner. The "Proviso" of the 50th sec- 
tion authorizes the teaching of a foreign language in our pub- 



ir 

lie schools, and it is equally clear that Algebra and the Higher 
Mathematics may also be taught, when the Directors think 
proper to introduce them. But the whole subject of studies 
and text-books is left to the discretion of the Directors, who, 
alone, have the power to prescribe "what branches shall be 
taught." The teacher must conform to the "rules and regula- 
tions" established by the Board of Directors: if the latter direct 
that Algebra, or any other particular subject, shall be taught, 
the former must teach it: he has no option in the premises. 
If the teaching of that or any other branch is forbidden by the 
Directors, the teacher must be governed by his instructions. 
It is impossible for one teacher, in a mixed school, to teach in 
a proper manner all the branches required bylaw, and, in ad- 
dition, the classics, or advanced mathematics. Where a choice, 
therefore, must be made between the different branches, and 
some must be omitted, or thrown out, it would always be the 
duty of the Directors, in my judgment, to retain those studies 
required hy law^ ruling out, if any, those higher branches, for 
which only a small number of pupils are qualified. 

Graded Schools are the only effectual remedy for such diffi- 
culties. 



QUESTION. 



This morning aa order was presented to me for the payment of a teacher, which I 
refused to pay, supposing that Sec. 53 of the School-Law forbids my doing so until 
after the presentation of his schedule. The Directors of the District think they have 
the right to draw money at any time for the payment of their teacher. Is this so ? 

KEMAEKS. 

Sec 34: provides that all the funds on hand in April and Oc- 
tober shall be apportioned to the several Districts, and that the 
Treasurer shall hold the balance, if any, afer paying the sched- 
ules, "subject to the order of the Directors of the proper Dis- 
trict." The Treasurer is also the custodian of the special Dis- 
trict tax funds. (See Sec. 45.) In the light of these legal pro- 
visions, the answer to your inquiries is obvious, viz : Directors 
may draw an order on their Treasurer in favor of their teacher 
at any time^ ^provided there is a balance belonging to their Dis- 
—3 



18 

trict in the hands of their Treasurer; othericise^ the Directors 
can not draw on the Treasurer, nor can the latter pay over any 
money to the teacher until his schedule has been filed. The 
equity and reasonableness of this view must be as apparent as 
its legality ; for, if there are funds in the Treasurer's hands be- 
longing exchosively to a given District^ it is difiicult to see why 
the Directors of that district should be required to wait until 
the semi-annual apportionment before they can have the use 
of them ; for such funds do not enter at all into the general 
township apportionment, nor have the other Districts of the 
township any interest or claim whatever in such funds. On 
the other hand, for a Treasurer to ad\'ance money prior to the 
general distribution on schedules from Districts having no such 
surplus in his hands, would be manifestly unjust to the other 
Districts of the township. 



QUESTION. 



Whose duty is it to see that ''fines," etc., are collected after they have been assessed? 
The 82d section of the School Law provides that certain fines "shall be paid to the 
School Commissioner" after collection, to be by him distributed; but what course is to 
be pursued where fines are assessed against individuals and no effort is made to col- 
lect them? 

REMAEKS. 

It is the duty of the Justice of the Peace, or other officer by 
whom the fines, etc., specified in Sec. 82 are assessed, to col- 
lect them. If the officers who assess such fines neglect or re- 
fuse to collect them, they are legally responsible for such fail- 
ure or neglect, but not to the School Commissioner. The lat- 
ter has no official jurisdiction whatever in the case. His duty 
in the premises begins when such fines, etc., have been assess- 
ed and collected by the proper officers. 



QUESTION. 



Is a School Commissioner authorized to grant certificates for a less term than two 
years, except in such cases as are provided for in Section 62? 



19 



KEMAEKS. 



I am decidedly of opinion that School Commissioners have 
no legal authority to issue certificates to teachers for a less time 
than two years, except in such cases as are provided for in Sec. 
52. The School-Law of this State recognizes but two classes 
of teachers' certificates : one for two years, wholly uncondition- 
al, and valid in ever^^ district in the county ; the other strictly 
conditional, and good for only a single district and for one 
year. 

The laws of some States provide for the grading of teachers' 
certificates, and I regard it as a most excellent provision ; but 
the school-code of Illinois, with the exception above mentioned, 
contains no such proAdsion. The alternative in this State is, 
either a certificate in full, without any restriction or qualifica- 
tion, or no certificate at all. Every teacher who presents him- 
self before a School Commissioner for examination has a right 
to demand that his examination be declared to be, in a legal 
sense, either satisfactory or unsatisfactory. If the former, he 
is entitled to a regular certificate, valid for two years, without 
note, comment, or qualification, and may reject the profier of 
one of any other description ; it the latter he has no right to 
demand, nor the Commissioner to grant, any certificate at all. 

The practice of indicating upon the face of a certificate by 
means of words, marks, or other symbols, the comparative ex- 
cellence of the examination, and hence the relative professional 
standing of the teacher, is without any authority or sanction 
of law. It is not afiirmed that such a course is always detri- 
mental to the interests of the teacher ; it is not denied that it 
may sometimes be productive of good results ; but it is denied 
that such a procedure is warranted by law ; it is affirmed that 
any teacher may refuse to accept a certificate bearing such 
marks, and may demand one with no such marks. 

That this view is sustained by the plainest reading of the 
50th section of the Act, there can be no doubt whatever ; that 
it is also supported by considerations of fairness and equity, it 
would be easy to demonstrate. 



20 



QUESTION. 

Trustees and Directors were elected in our township on the 19th of September, while 
the law fixes the time for the election of the former on the second Monday in Octo- 
ber, and of the latter on the first Monday in September; both elections were legally 
conducted in all respects except in the matter of time ; are the acts of those officers 
valid? 

REMARKS. 

The law fixes the time for the election of Trustees and Di' 
rectors ; and neither this Department nor any other authority 
in the State, except the Legislature, has the power to change 
that time. But if an election is actually had on some other 
day besides that fixed by law, then the question of the validity 
of said election comes before the courts in the manner prescri- 
bed by law ; this department has no further jurisdiction in the 
case. But until the election has been contested and determin- 
ed by the proper tribunals, the acts of the officers elected wiU 
he valid so far as the puhlio and third parties are concerned. 
The application of this principle to the present case will read- 
ily be perceived. 



QUESTIONS. 

Does the ten per cent, mentioned in Section 57, and the twelve per cent, in Section 
61, cease when an obligation in favor of the school-fund is probated against the es- 
tate of a deceased debtor, as in the case of other claims, or do the ten and twelve per 
cont. continue until the debt is paid ? Does a judgment in favor of the school fund 
cease to draw ten per cent., and draw but six, until the money is paid ? Can Trus- 
tees of Schools transfer notes or mortgages in favor of the school-fund, if, in their 
opinion, the interests of the Township require it? Can a mortgage be foreclosed for 
defaulted interest, the principal not being due ? 

REMARKS. 

After a claim in favor of the school-fund is allowed in the 
probate court, or is put into judgment, it thereafter, like all 
other claims, bears but six per cent. Trustees of Schools have 
no right to transfer notes or mortgages given to the school-fund. 
"Whether a mortgage can be foreclosed for the interest, the 
principal not yet being due, is a question for the courts to de- 
termine; it does not fall within the legitimate province of this 
department. I may add that I know of no decision directly 
upon the point. 



21 

QUESTION. 

Scholars in District A. wish to attend school in District B. The Directors of Dis- 
trict B, are willing; but those of District A. are not, and notify the teacher in B. not 
to receive said scholars. Can District B. draw public money on the schedule of said 
scholars, should they persist in attending school in B. contrary to the express orders 
of the Directors of District A ? 

■ EEMAEKS. 

1^0 other than a negative answer can be returned to this 
question. The case falls under the provisions of the 35th sec- 
tion of the Act. The right to transfer pupils from one District 
to another is conditioned upon "the written consent of the Di- 
rectors of both districts." If the violation of this plain require- 
ment did not involve the forfeiture of the public school-fund 
the requirement itself would be dive'sted of all penal force and 
become a useless nullity. It is admitted that great inconve- 
nience, and even injustice, maj, and some times does, result 
from the indiscreet or unfriendly exercise of the power which 
this section confers upon Directors. But far greater evils grew 
out of the almost unlimited license to change schools which 
was claimed and very generally exercised under the Act of 
185Y. The object of the restrictive clause under review is, to 
protect the schools of each District from being over-crowded 
and deranged in their order and classification, on the one hand, 
and from being reduced in numbers and almost broken up on 
the other. Without such a legal check no school would be se- 
cure against the ebb and flow of numbers incident to the emu- 
lous strife of rival Districts, and the whims, caprices and jeal- 
ousies of change-loving children, and captious, fault-finding 
parents. But when the good of the scholar, or the convenience 
of the parent, would manifestly be promoted by the transfer, 
while the interests of the home school would sufi'er no mate- 
rial injury, the Directors should be as prompt to grant such 
requests, as to refuse them upon an opposite state of facts. 



QUESTION. 
Is a teacher entitled to interest on money due €or services rendered ? 



22 



REMARKS. 



Under the 2d section of the general laws of the State (Rev. 
Stat., page 294,) regulating interest. Treasurers of Townships 
should pay six per cent, per annum interest on schedules that 
have been regularly filed by the Directors before the time fixed 
for the semi-annual distribution of the school-funds, and which, 
for any reason, can not be paid out of such distribution — the 
interest to be computed from Jie time fixed for such distribu- 
tion. A schedule thus certified is undoubtedly a liquidated 
account, and, in contemplation of law and the contract between 
the Directors and the teacher, should be paid at the time pro- 
vided by law for the distribution of school-funds, unless they 
otherwise agree or contract. If, for any reason, the amount 
appearing by the schedule to be due can not then be paid, it 
is just and equitable, and, as I think, within the letter as well 
as the spirit of the law regulating interest, that interest should 
be paid after that date. The Directors who make the contract 
with the teacher have the power to provide the means of pay- 
ment, and are supposed to contract with reference to the means 
to be at their disposal at the time when, by the contract, the 
teacher should be paid. If they have been negligent in pro- 
viding the means, or if there has been default in collecting, or 
if from any other cause they are nnable to pay at the proper 
time, they stand, in their corporate capacity, like other debtors, 
and should pay interest. Their liability, how^ever, is a corpo- 
rate liability, and not a personal liability ; and the interest 
should be paid, with the principal, out of the funds belonging 
to the district. 



QUESTION. 
If a teacher sue the Directors, is their private property liable ? 

ANSWER. 

It is not. Directors may be sued "as Directors," not as in- 
dividuals. Their private property can not be taken in satis- 
faction of any judgment obtained against them in their official 
character as Directors. 



n 



QUESTION. 



The Treasurer reports to the Directors a certain sum to their credit ; upon the 
strength of this report the Directors hire a teacher and have a school. It turns out 
that the funds reported by the Treasurer were only apportioned, not collected. The 
teacher sues for his wages. What redress have the Directors ? 

AI^TSWER. 

It is the duty of Directors to Icnoic that means will be at 
their disposal to meet their engagements with teachers and 
others. If they trust to the report of the Treasurer, and it 
turns out that he reported funds as on hand which were appor- 
tioned but not collected, and suit is brought by the creditors of 
the Board, the Board have no redress in. law. 



QUESTION. 



What is the legal relation of the present Board of Directors to the acts of their pre- 
decessors ? 

ANSWEE. 

Directors are a "body politic and corporate" in the fullest 
sense of that phrase ; and hence, all the legal acts and contracts 
of one Board are binding upon their successors. 



QUESTION. 

Section 34 provides that the "Township Treasurer shall hold the balances, if any, 
apportioned on the schedules, subject to the order of the Directors of the proper Dis- 
trict." When may orders be drawn on the Treasurer for such balance, in order to 
render them valid ? 

REMAEKS. 

"When the Trustees meet, in April and October, their first du- 
ty is to '''ajpjportion'^ to the several Districts the amount of mon- 
ey on hand ; that is, to determine and assign, in the manner 
required by law, the due proportions and just share to which 
each district is entitled. The amounts so apportioned and de- 
termined are then placed on the books of the Treasurer, to the 
credit of the several Districts. The Treasurer then proceeds 
to pay out these funds to the persons authorized to receive them, 



24: 

charging each District, on his books, with the amount so paid 
out. It some times happens that a surplus, or "balance," re- 
mains to the credit of a given District after all orders from such 
District have been presented and ]Daid. For this balance, or 
for any part of it, the Directors may draw on the Treasurer at 
any time, and may use the same for any legitimate school pur- 
poses whatever. A simple order as sufficient ; no schedule 
need be filed with such order. This view does not conflict at 
all with the provisions of the 53d section, in which the author- 
ity of the Treasurer to pay teachers is conditioned upon the 
filing of schedules. That section simply makes the filing of 
schedules essential to the claim of a given District in the origi- 
nal distribution of the funds ; it has nothing to do with the dis- 
position of the surplus after such distribution — that is provided 
for in the 34:th section, upon which the foregoing remarks are 
based. 

[Note. — The material points of this question have already been considered; but 
the importance of the subject seemed to justify an additional notice, which, it is 
hoped, will serve to place the whole matter in a clearer light.] 



QUESTION. 



Who are legal voters at District elections on questions of raising money? Does 
the paying of a road-tax confer the right to vote, provided the party has been a resi- 
dent of the District the required length of time ? 

REMARKS. 

The case involves the proper construction of the following 
clause in the 4:2d section of the act of 1859 : 

No person shall be entitled to vote at any District election, on the question of rais- 
ing money, unless ho shall have resided in the District at least thirty days immedi- 
ately preceding said election, nor unless he shall have paid a tax in said District the 
preceding year, or shall have been assessed in such District for the year in which 
such election is held. 

In seeking the true intent and meaning of this clause, it may 
. be of use to observe that words in a statute, when not techni- 
cal, and when not shown by the context to have a difi:erent 
import, are to be interpreted, precisely as elsewhere, accord- 
ing to their most plain and obvious common-sense meaning. 
The construction is not* to be forced because the Legislature is 
presumed to have intended to say or enjoin what is failed to 



25 

express. This is substantially the doctrine laid down by such 
authorities as Mansfield, Coke, and others, in England, and by 
Marshall, Story, and Kent, in this country. (10 Coke, 57; 3 
Coke, Y ; 1 Wheaton, 326 ; 1 Kent, 462, etc.) Guided by these 
principles, we can hardly fail to arrive at a correct understand- 
ing of the clause in question. It must be taken in its natural, 
ordinary sense, as to the meaning of its terms. The residence 
of the voter must be honafide^ and, in addition, he must either 
have been assessed in the district during the year or he must 
have paid some public tax in the District within the year pre- 
vious to the election. The tax, of course, must be one levied 
by authority of law ; but the statute makes no distinction as to 
whether said tax was one levied on realty or personalty. !Nor 
is it material whether it was for state, county, or municipal 
purposes ; a road tax or school tax would be sufficient. Some 
have supposed that the word "assessed" defines and limits the 
word "tax" in this clause, restricting the meaning to real and 
personal property. But it is held that there are no satisfactory 
grounds for such a restriction. Any tax annually imposed or 
levied, and required to be paid, by lawfully-constituted public 
authority, state or municipal, is "assessed" to all intents and 
purposes. This law, moreover, being restrictive of the right 
of citizens to vote, must be construed liberally, in their favor. 



QUESTION. 



Can money due on schedules — both schedules and money being in the hands of the 
Township Treasurer — be taken by the garnishee process ? 

REMARKS. 

There is no authoritative decision of our courts directly upon 
the question. Some of our circuit courts have held that mon- 
ey in the hands of a School Treasurer unappropriated to a par- 
ticular creditor or on a designated schedule could not be gar- 
nisheed. Others have held that if the money has been appro- 
priated to the payment of a particular schedule it may be gar- 
nisheed. It must remain for the courts to determine under 
what circumstances, if any, money due teachers can be gar- 
nisheed. 

—4 



26 

QrESTIOXS. 

If Directors arc elected nt any other time than that fixed by law, can they lawfully 
act us Dirtictors ? Can Direciur:? resign ; and if so. and others are elected prior lo the 
first Monday of next September, how long c:ia they hold office ? 

REMARKS. 

Directors elected as in the first interrogatory may act, and 
their acts will be valid, until they are restrained from acting by 
due legal process. Directors may resign, and their places be 
filled by a new election, at any time — notice being given as re- 
quired in Section 42 ; in which case, the persons elected to fill 
such vacancies will hold their ofiices for one, two and three 
yod^Y^from Se]ptemle7\ 1859. If the Directors elected last Sep- 
tember drew lots for their terms of office, as required by law, 
then, the new election being to fill vacancies, the voters at 
said election should designate on their ballots whose j)lace, or 
which vacancy, each person voted for is to fill. But if no lots 
were drawn last September, three persons should be voted for 
in the usual manner, who should draw lots "at their first meet- 
ing" for one, two and three years. The Director who draws 
for one year will hold his office until next Sej/temher ^ the one 
who draws for two ye.irs will huld l.'.is office till one year from 
next September, etc. ; each term dating from the last amiual 
election, so that the tiine for the regular annual election will 
remain uniform in all the districts throu<^hout the State. 



QUE ^TIONf. 

What arc the respective limits of parental and school authority? What j:ir'sdic- 
tion has the teacher over pupils out of school? May ichoiars be rstjuired to study a 
certain number of hours out of school ? 

REMAKKS. 

School Directors are authorized and required, by law, to 
prescribe and establish such ruks and regulations as will, in 
their judgment, best promote the proper order, discipline, and 
proliciency in study, of the schools under their care. It is the 
duty of teachers to co-operate with the Directors in all their 
efforts for the improvement of the schools j and faithfully to 



27 

cafry out their instructions and wishes. Directors are also 
clothed, by law, witli full power to enforce obedience to, and 
to punish, b}^ suspension, expulsion, or otherwise, an}^ obsti- 
nate infraction of, the rules which they have established. 

It is not always easy to fix the line of separation between 
parental and school authority — to state precisely where the for- 
mer ends and the latter begins. A brief inquiiy into the na- 
ture and purpose of public schools will lead us to certain gen- 
eral conclusions which bear upon the subject. 

The whole care and training of very young children must, 
in the nature of things, devolve upon the parents alone. As 
they advance in years, a demand arises for a more thorough 
and systematic course of mental discipline than most parents 
have either the time or the ability to impart. To meet this 
demand and perform this service schools are established and 
teachers employed. Thus the parent, in theory at least, dele- 
gates to the teacher, for the time, the guardianship of interests 
most vitally affecting the welfare of his children. But, in or- 
der to discharge these trust duties successfully, the teacher 
must also be invested with adequate control and authority over 
the children while they are under his instruction. With the 
transfer, therefore, fiorn parent to teacher of a large class of 
duties^ there is necessarily implied the transfer of an equally 
important portion of the natural rights and jjrerogatives of the 
•former to the latter. 

Asrain: Since a school embraces the children of not one 
merely, but several families, it follows that the right of the 
teacher to control and govern, m loco pcn^t iis^ the children of 
one family is subject to material modifications when the inter- 
ests of all the children are to be considered. This generates 
the necessity of vesting in the teacher a large discretion^ also. 
Privileges and immunities which mi lit be safely granted, un- 
der peculiar circumstances, to the pupils from one family might 
be highly detrimental to the sjIiooI if extended to all. The 
right, therefore, of prescribing and maintaining such rules as 
will best s.ibs( rve the interests of the school, as a whole, must 
reside sone where • the law places that right in the hands of 
the Directors and teacher, f s being most competent to exer- 
cise it wisely and prudently ; and both reason and common 



28 

sense must sanction as just what the Legislature has declared 
to be legal. 

From these premises it follows : 

1. That it is the legitimate province of the Directors to 
adopt and enforce a code of specific rules and regulations for 
the government and discipline of their schools. 

2. That the patrons of the school are bound, not only by the 
express provisions of law, but also by the nature of the imphed 
compact between the parties, and by the obligations of moral 
justice as well as necessity, to acquiesce in and support the gov- 
ernment of the Directors. 

In respect to details it is hardly practicable to lay down any 
precise rules which would be of universal application. But 
every school-government, to be efficient, must be strong and 
decisive / the law wisely makes it so ; the necessities of the 
case demand that it shall be so. 

That Directors have the right and power to prohibit pupils 
leaving school during school-hoxirs^ for the purpose of attending 
dancing and other similar parties, or for any cause whatever, 
except sickness, or some urgent necessity, there can be no 
doubt at all. To this extent, at least, the powers of Directors 
rest upon the ground of clear and unquestionable legal right. 

What jurisdiction and control, if any, the Directors and 
teacher may exercise ever the })upils 'beyond\\\\^ point, it is not 
so easy to determine. We here pass the boundary of clear 
and well-defined authority, and enter the domain of compara- 
tive uncertainty and doubt, where usage, circumstances, and 
expediency, must be our guide. 

If the teacher insist upon uniformly thorough and excellent 
recitations, according to the several abilities of the scholars, 
which it is undoubtedly his right and duty to do, then, what- 
ever hinders or prevents the attainment of the required stan- 
dard of excellence must, of necessity, be dispensed with ; and 
thus an evil may be reached indirectly which can not be direct- 
ly proscribed. A teacher can not say to a scholar that he shall 
not, out of school-hours, go a hunting or fishing ; that he shall 
not attend picnic, dancing, or other parties ; but he can say 
that every lesson and exercise of the school shall be promptly 
and faithfully learned. If the scholar can comply with this de- 



29 

mand and still have leisure for those pastimes, he has a perfect 
right to indulge in them, so far as the teacher and Directors 
are concerned. If he can not do both, the alternative is before 
him ; the school authorities can not relax or relinquish their 
legitimate demands. 

Scholars can not be suspended or expelled without the ad- 
vice and consent of the Board of Directors. 

In respect to study out of school-hours, the course of the 
teacher must be persuasive, not coercive. It will be inferred 
from what has already been said, that the right to demand 
such extra study is not conferred by statute : nor is it impor- 
tant that such power should be delegated by law. Scholars 
whose age, health, and advancement, are sufficient to render 
such extra study desirable and profitable will rarely need any 
thing m.ore than the promptings of their own minds, seconded 
by the friendly counsels of the teacher, and the incentives of 
a natural and laudable ambition to advance in learning. Pupils 
of tender age and frail physical constitutions ought not to study 
out of school ; if disposed to do so, they should be dissuaded 
from it by both teachers and parents. Six hours a day of as- 
siduous attention to school duties are, for such children^ quite 
enough for both mind and body — often too much. 

It is not intimated that older and more advanced pupils, in 
full vigor, intellectual and physical, should not study out of 
school : they may and o%tght to do so ; all legitimate moans 
should be used to incite them to do so ; if they master their 
studies they must do so. But to require or even permit this, 
of the class of scholars above referred to, in my judgment, is 
wrong — often leading to the saddest consequences. Progress, 
moreover, is not always in the ratio of the time devoted to 
study. An hour of fresh, vigorous, concentrated effort is more 
productive, is of more value every way, than half a day of 
lazy, listless, desultory prosing and droning Over books, while 
the attention is not fixed and the mind only half awake. 

Let the hours of school be hours oi study — sincere, earnest, 
active ; let life and energy mark all the movements in the 
school-room, all the efforts of both teacher and pupils, from 
the beginning to the end of the session ; let this be done in 



30 

every school, CA-eiy day, and then, for the majority of schohirs 
fresh air, exercise, sunshine, and recreation, will be better tlian 
extra tasks. 



QUESTIONS. 

Suppose a District hns seven months' school one year, and five months' the next 
year: can these be averacjed, and the District draw public money the third year? Is 
it competent for the Trmtees to wiihhold the public money from Districts which 
have not complied with the six months' rule ? 

KEMAEKS. 

The law undoubtedly requires, as the condition of partici- 
pating in the distribution of the public school funds, a six 
months' scliool during each and every year. If I am right in 
this opinion, it will not of com'se, satisfy the law to average 
the time of two or more years, taking the surplus months of 
one year to make good the deficiencies of another, etc. As 
this provision of the statute is fundamental and mandatory in 
its character, the duty of seeing that it is complied with is al- 
so imperative; and since the Jrw^fca* are the only officers in 
the State who always have at hand legal and reliable evidence 
on this point (in the certitied schedules on file in the office of 
their Treasurer), I am disposed to the opinion that it is com- 
petent for the Trustees to inquire into the matter, and with- 
hold the public funds from delinquent Districts, unless such 
delinquency can be explained in a satisfactory manner. But 
this Department may interpose,/br adequate cause, and j*equire 
the Trustees not to withhold the public money, or the reverse, 
as the case may be. 



QUESTION. 

The proviso of the 52nd section of the law is in these words: 

" Provided, if the Directors of a District shall certify that they are unable to pro- 
cure a teacher competent to teach the branches required by this act, the commission- 
er shall issue a certificate of qualification to teach such branches as said Directors 
may specify; which certificate shall be valid only in said District, and fur one year." 

Docs this preclude the necessity of an cxaminatiou, by the School Commissioner, 
on the branches specified by the Directors? AVhcn the Directors certify as in lb» 
proviso, must the Commissioner forthwith issue the required certificate? 



31 



P.EMAKKS. 



The qualified ceriiiicate, autliorized to be granted, oncer- 
tain conditions, by the ''proviso" of the 52nd section of tb.e 
School Law, can only be issned npon a satisfactory examina- 
tion ill the branches speciiied by the Directors. The "proviso" 
does not change in the least the groand upon which alone^ any 
certificate can l)e issued: namely, the qualification of the can- 
didate as required in the 5Uth section ; it only allows the 
Commissioner, in certain cases, to give a certificate of ability 
to teach a^j^arz^, instead of all ^ of the branches required by law. 
There must always he an examination satisfactory to the Corn- 
miss loner. 



QUESTIONS. 

1. From District No. 1, having a school house valued at $300, a part is set off to 
another Dislriet. The Directors refuse to apportion the value of the house between 
the two Districts, on the ground that they have no deed to the site on which the house 
stands. 

2. No. 2 has a house valued at $650. The Directors concede the right of the terrl- 
ory taken from them, to its propuri.ion, but do not think they have the power to levy 

a tax for that purp)se. 

3. After District No. 4 had levied a tax, said District was divided, a part being set 
off to No. 7. No. 7 elected Directors, but kept no school. How shall i\iQ tax funds 
be dis^posed of in this case, and what is the law in the other two cases ? 

ANSWER. 

1. It is the duty of the Trustees to divide the property with- 
out dehiy. The fact that the District does not own the site, 
does not release it from tlie obh'gation to divi(Ui the value of 
tlie house, which it does own, and which both Districts helped 
to build. The case falls under section 39, the language of 
which is too plain to require any explanation. 

2. The Directors .4 -. e the pouer to levy a tax to refund the 
proportion ot the value of the house, rightfully belonging to the 
teiritory set off*. It is a "debt legally contracted," for which 
the iStli section makes the Directors ".i.;i 'e. It is a "neces- 
sary incidentcd expense," f h A\ ili' 43d section declares 
the D rectors "shall be authorized to levy a tax." 

3. No. d- must refund to JN'o. 7 the amount of taxes collected 



32 

from the territory of the former, which was set off by the lat- 
ter. 

Money raised by special District taxation^ is not a "public 
fund" in the sense of the law. It belongs exclusively to the 
District which levies it, and is not in the least affected by or 
subject to, the "six months' rule," or any other requirements of 
the school law. 



NO DISTINCTION TO BE MADE IN FUNDS. 

Treasurers will make no distinction whatever, between the 
money apportioned to Districts by census of children, and by 
schedule. The two parts must be placed to the credit of the 
several Districts and held by the Treasurer, on precisely the 
same conditions ; subject to be paid out on schedules and other 
orders drawn by the Directors ; as fully explained in the former 
part of this circular. 

The sole purpose of the Legislature, in the amendment to 
the 34:th section was to benefit the agricultural Districts, which 
cannot have as many months' school in the year, as Districts 
in i\\Q towns and villages — not to create two distinct funds, sub- 
ject to different regulations. 



THE GEEMAN LANGUAGE. 

It is held that ample authority is conferred upon Directors, 
by the second "Proviso" of the 50th section of the Act, to allow 
and cause the German Language to be taught in the public 
District schools of this State, whenever, in their judgment, the 
interests of education, and the just claims of the community, 
require the same to be done — subject always, to the provisions 
of the Act, regulating public schools. 



FORM OF SCHEDULE. 



Schedules must be kept, substantially^ in the form given in 
the 53d section of the school law. 



33 

'Schedules in which the footings only^ of the daily attendance 
of each scholar, are given, would not be legal, liach day's 
presence or absence, must be indicated in every schedule, or 
the Trustees may reject them. 



QUESTION. 



Can Directors dismiss a teacher without giving any reasons — or, if they assign any 
of the causes specified in the 48th section, must they adduce proof before they can 
dismiss a teacher ? 

ANSWER. 

For, "incompetency, cruelty, negligence or immorality," Di- 
rectors may, at anytime dismiss a teacher, either with or with- 
out assigning reasons — with or without specific allegations and 
proof. But, any teacher feeling aggrieved by the action of the 
Directors, can s\ie them for his wages, and other damages, and 
thus comjpel them to show cause for the dismissal, and to sup- 
port their allegations by adducing adequate jproof. 



QUESTION. 



If a majority cannot be obtained for a school house site, or for a new school house, 
and if the Directors cannotrent or hire a suitable room or house for a school, what is 
the remedy? 

ANSWER. 

The law provides no remedy for such an emergency. The 
people must agree, by compromise, on a site, or thef cannot, 
under the present law, have a school house. 



RENTING SCHOOL HOUSES. 



Directors have full power under the 4:3d section of the pres- 
ent Act, to rent suitable rooms or houses, for schools, without a 
vote of the people — and the obligation imposed upon them by 
the 4:8th section, makes it their imperative duty to do so, when- 



ever necessary. 

—5 



34: 

QUESTION. 

Have Directors the power, under the 43d section of the Act of 1859, to levy a tax 
sufficient for six months' school independent of the public money, or a tax, "which, toith 
the public money, will be enough for a six months' school ? 

ANSWEE. 

The latter construction is held to be the true one. 



QUESTIONS. 

Can Trustees lawfully borrow the whole or any part of their own Township funds? 
Would they be indictable for so doing? Can the withholding of interest due be 
construed, under the statute, as ''appropriating the^funds to their own use"? Is it 
the duty of the Treasurer to enforce the collection of money from Trustees when 
due ? Can he collect funds due the Township without a special order from the Trus- 
tees ? Is he penally responsible if he fails to do this ? How long will a mortgage 
be valid as a prior lien against subsequent mortgages if it be not foreclosed? 

KEMAKKS. 

There can be no question, I think, but that the loaning of 
any portion of the school-fund under the control of the Trus- 
tees, by themselves, to one or more of their own number is 
wholly without any sanction of law. It brings their individ- 
ual interests in conflict with their trust duties, and, aside from 
the express provisions of the 42d section of the Act, is con- 
trary to the general principles of law governing trust relations 
and official conduct. Such a transaction is of the nature of a 
" contract " in the sense of the statute, and, as such, is explic- 
itly prohibited in the 4:2d section of the law. The question as 
to whether the Trustees are indictable or not, falls more prop- 
erly within the province of the prosecuting attorney ; but it 
by no means follows that they can be proceeded against crim- 
inally because they have made an illegal contract. The sim- 
ple failure to pay the interest on the money borrowed would 
not bring the case within the provisions of the Act in regard 
to appropriating funds to their own use, nor could they be in- 
dicted for the same. The law undoubtedly makes it the duty 
of the Treasurer to enforce the payment of interest from Trus- 
tees when it becomes due. From a careful examination of all 
the different sections of the Act which bear upon the que 



35 

of the duties of the Treasurer in respect to collecting moneys 
becoming due to the Township, it would seem that the law in- 
tended to give the Board of Trustees a controlling power over 
that officer in this particular, if they see proper to exercise it. 
This is more especially manifest from the 64th section of the 
Act. The 61st section makes it the duty of the Treasurer to 
proceed to the collection of all claims due the Township, when 
they mature ; and if any loss accrues from this neglect in this 
particular, he and his securities become liable {see section 64), 
unless he acted, or was warranted in his failure to act, by an 
order of the Board of Trustees, entered upon their journal 
and subscribed by the President and Clerk ; in which case, if 
loss accrues, the Trustees become responsible. In case of loss 
by the neglect, he is responsible for failing to collect, in proper 
time, the debts due the Township, unless he was ordered, in 
the manner prescribed above, not to collect, A mortgage up- 
on real estate does not lose its lien or priority, if it has been 
recorded, by failing to foreclose when it becomes due. It re- 
tains its lien until the debt becomes barred by the statute of 
limitations. 



QUESTION. 



The apportionment of the public money in the manner prescribed in section 34 
is often grossly unjust to the weaker Districts : in such cases may not the inequality 
and injustice be remedied by averaging among the several Districts the aggregate of 
all the days' attendance certified in the schedule ? — would not such a course be in ac- 
cordance wUh the spirit of the law, and therefore justifiable ? 

KEMAEKS. 

While it would not be difficult, perhaps, to suggest modes 
by which greater uniformity might be secured in the practical 
bearings of the school law in extraordinary circumstances (and 
the same is true of any statute), yet it is obvious to remark, 
that the law as it is, in its most plain and simple acceptation, is 
our only safe rule of official conduct. To claim the right to 
deviate from the clear provisions of the statute because, in our 
judgment, considerations of equity demand it, would be fraught 
with the most dangerous consequences. The general exercise 



36 

of such a discretion would lead to utter confusion in the prac- 
tical working of the system ; become a j^roliMc source of con- 
troversy and litigation ; convert the imperative requirements 
of law into a dead letter or a series of mere impotent sugges- 
tions, and virtually abolish the high prerogative of the Legis- 
lature. It will, of course, be obsei-ved that I am now speak- 
ing of the necessary tendency and logical results of i[iej?ri7i- 
ciple objected to, not at all of the particular departure from the 
instructions of the statute submitted in this case for my con- 
sideration. To the latter, there can be no special olgection 
urged, perhaps, save that it is totally illegal. In a section of 
law so explicit as that which prescribes the manner of appor- 
tioning the public school fund (section 34 Amendatory Act 
of 1859), but one rule of interpretation is possible. So clear 
and exact are its provisions, that no latitude of construction is 
afforded — no issue can be made between the Zez^^6T and the 
spirit. It is not denied, of course, that where the language of 
the law is ambiguous, or the meaning uncertain, there is a 
margin for the exercise of a legitimate discretion ; but in the 
case under review, the language is ??(9^ ambiguous, the meaning 
is not uncertain. I cannot doubt that, upon further reflection, 
you will concur in the opinion that, as public officers, whose 
duty it is faithfully to interpret and execute existing laws as 
they are, not to change, modif^^, or ignoi-e tliem, we are abso- 
lutely restricted to the view of the case which has now been 
presented. 



QUESTION. 



llic 42d section of the law as amended, fixes the the time for the election of Direc- 
tors on the first Monday of September, lSo9. Now, in case a District is iiewlj'^ or- 
ganized, may there be an election for Directors prior to the time fixed by law? Would 
such an election supersede and take the place of the one required to be hold in Sep- 
tember? 

REMARKS, 

There must be an election for Directors, in every District 
in the State, on the flrst Monday in September, the time 
fixed bj law. A prior election, as in the case of a newlj or- 



37 

ganized District, may, of course, be had; but such an election 
can not supersede the necessity of a new election in Septem- 
ber. In the notice of such prior election it should be stated, 
that it is only for the time till next September. 



QTTESTIONS. 

A certain District lacked a little more than two weeks of having a six months' 
school in the year ending October Ij-t, 1858^ for the following reasons: The school 
was suspended one week for the want of fuel. At another time there was a religious 
meeting of much interest in progress in the neighborhood, and the Directors author- 
ized the teacher to close the school for a week or more, to allow all an opportunity to 
attend. The Trustees rejected the the schedule on the ground that the six months' 
rule had not been observed. Were they justifiable in so doing? Can the Trustees 
withhold District tax money fiom the District to which it belongs? 

BEMAEKS. 

A six months' free school during the year next preceding 
that in which demand is made for payment, is a fundamental 
and mandatory requirement of the law\ In default of this, 
no District is entitled to a distribution of the school fund, un- 
less good cause can be shown why this necessary legal require- 
ment was not fulfilled. By a strict construction of statute, 
therefore, the Trustees were undoubtedly correct in ruling out 
the schedule above referred to. But w^ere the reasons given 
for suspending the school satisfactory ? If so, it w^ould cer- 
tainly be competent for, if not incumbent upon this Depart- 
ment to direct that the funds should not be withheld. A mo- 
ment's consideration must suffice, I think, to convince us that 
those reasons w^ere ins\ifficient. Directors can hardly expect 
to be excused for so palpable a neglect of duty as that of al- 
lowing their schools to be suspended a week for want of fuel; 
nor can they find any warrant in law, or even in sound discre- 
tion, for closing the public schools a w^eek or more on account 
of a religious meeting, however important, in itself consider- 
ed, the laf-er may be. I am forced, therefore, to the conclu- 
sion, based upon the state of facts presented, that the District 
in question has forfeited its share of the public money for the 
present year, through no illegal act of the Trustees, but by 
the neglect and wrong judgment of the Directors. The Trus- 



38 

tees have no control whatever over special District taxes. The 
law places them under the exclusive authority of the Direc- 
tors upon whose order alone the Treasurer is required to pay 
them out. 



On page 14 of my circular of March 7th, 1859, the following 
question and answer occur: 

"Question. — Say District A. has two schools ; one is kept five months and the oth- 
er four months during the school year. Can the Directors lap the two together and 
claim to have had a six months' school ? 

"Answer. — They cannot. Each school must be kept up six months to entitle it to 
claim public money." 

This answer is correct, provided, the two schools are kept at 
the same time, but if kept at different times in the same year, 
they Tnay be united. 

Thus : Suppose District A. has one school of three months 
in March, April and May, and another of three months, in Oc- 
tober, November and December, (say) in the year 1859, said 
District has had a six months' school, as the law requires ; but 
if hoth of said schools were taught during the sa7ne three 
months, they could not be united and considered as six months, 
but only as three. 



QUESTIOI^. 



Can School Commissioners apportion any part of the State and County Fund, either 
upon census or territory, to Townships, in which no schools have been kept according 
to law. 

ANSWER. 

School Commissioners will apportion no money to Town- 
ships in which no School has been kept, according to law. 
But if in a Township, a single School has been established and 
kept, as the law requires, then that Township comes under the 
Statute, and is entitled to participate in the distribution by the 
School Commissioner. 



39 

QUESTION. 

Elections of Directors can only be held on Monday — does the law require all othe r 
District elections to be held on Monday ? 

AIsTSWEE. 

^ It does not. 



QUESTION. 



No election for Directors was held on the first Monday of September, as required 
in the act of 1859 — what is the consequence? 

ANSWER. 

If no election, for Directors, was held on the day fixed by 
law, the old Directors hold over till the next regular annual 
election. 

The old board were elected under the act of 1857, and were 
to "continue in office for the term of one year, and until their 
successors were elected.'''^ Their successors not having been 
elected, on the day specified in the law, and no provision hav- 
ing been made in the act, for an election of Directors to be 
held on any other day, except to fill vacancies, it follows that 
the former Board must continue in office another year. It fol- 
lows, also, that it is not competent for said Board to draw lots 
for one, two and three years — that being a provision of the act 
of 1859, and not of 1857, under which the said Board were 
elected. Hence, in all cases embraced in the interrogatory, 
the former Directors remain in office one year, and then all 
retire, according to the terms of the act under which they were 
elected, and a new Board are elected, who proceed to draw 
lots &c., as prescribed in the act of 1859. 



SIX months' school. 



The six months school, required by law, may be taught ei- 
ther in consecutive months, or at different periods of the year 
— any time from October to October. 



40 



ELECTIONS. 



This office is burdened with letters asking for decisions, 
opinions, interpretations, &c., in respect to Township, and Dis- 
trict elections. It may be of use to say, that : "The manner of 
opening, conducting and closing" school elections, both in 
Townships and Districts, *'and the several liabilities appertain- 
ing to the Judges and Clerks, and to the voters separately and 
collectively, and the manner of contesting said election, shall he 
the same as prescribed by the general election laivs of this Stated 

I shall always be ready and willing to give any information 
in my power, and to offer an opinion when desired, upon the 
various questions pertaining to elections. But it is presumed 
that none need to be informed, that such questions are entirely 
outside of the official sphere of this Department, and that what- 
ever consideration any expressions of mere individual opinion 
on such points, may be entitled to, such expressions of opinion, 
have no official authority or force whatever. This office has 
no power to decide such points — they do not belong to the 
school law at all, but to the general election laws of the State 
and should be referred to the lawyers and courts. 



FINES AND FORFEITURES. 

I am satisfied, from the returns of the different counties of the 
State, for the last school-year, now on file in this office, that a 
large amount of money, legally accruing and belonging to the 
school fund, from the fines, forfeitures, &c., specified in the 
82nd section of the Act, never reaches its lawful destination, 
and is utterly lost to the cause of education. 

The language of the law, in the 82nd section, is as follows : 
"And all other fines, penalties and forfeitures imposed or incur- 
red in any of the circuit courts of this State, or collected by 
justices of the peace or other county officers, except fines collec- 
ted in incorporated towns or cities for the violation of the by- 
laws or ordinances of said towns or cities, shall be paid to the 
School Commissioner of the comity where such fines., penalties and 
forfeitures have been collected^ and the same shall be distributed 
by said Commissioner in the same manner as the common school 



4:1 

funds of the State are distributed; and if any county officer or 
justice of the peace aforesaid shall fail or refuse to pay as afore 
said^ after collection^ such officer or justice of the peace, so 
failing or refusing to pay as aforesaid, shall forfeit and pay 
double the amount of such fine^ penalty or forfeiture as afore- 
said, collected by him, to be recovered before any court having 
jurisdiction, in a civil action, at the suit of the Sclwol Commis- 
sioner y 

This language is too clear to be misunderstood. It imposes 
upon the clerks of the circuit courts, and upon justices of the 
peace and other county officers, the duty of paying over such 
funds, to the School Commissioner — it assesses penal damages 
in double the sum withheld, upon any county officer, or justice, 
who shall FAIL or refuse to pay over such funds, after collec- 
tion and it authorizes and requires School Commissioners, to 
bring suit against all defaulting officers. Notice the language : 
Officers who 'faiV to report such funds, are liable — they are 
derelict in duty, if they do not come forward voluntarily, and 
hand over the funds. If they neglect this, and are called on 
by the Commissioner, they are also liable if they '•'refuse''' to 
pay on demand. 

The fault then is not in the law. But there must be gross 
delinquency somewhere. How shall these funds be collected 
and made available for school purposes ? — that is the question. 

The 8th section of the act, defining the duties of the Super- 
intendent imperatively requires of him to ^'make such rules 
and regulations as he may think necessary and expedient, to 
carry into full effect the provisions of this Act, and of all the 
laws which now are, or may hereafter be in force, for estab- 
lishing and maintaining schools in this State ; and he shall 
have power, and it shall be his duty, to explain and interpret 
and determine to all School Commissioners, Directors, iov)n- 
ship and other school officers, the true intent and meaning of 
this act, and their several duties enjoined thereby, &c." 

ISTow, here in the 82nd section, we have a clear "provision of 
this act," which is not "carried into full effect," by a great deal 
— in it there are "duties enjoined'^'^ which are not performed. 

Acting therefore, under the authority conferred in said 8th 

section, I propose to reach the funds specified in the 82nd sec- 
—6 



42 

tion as riglitfullj dne to tlie scliool fund, in the following man- 
ner: 

It sliall be the duty of the Township Treasurer, of each and 
every township in which there is a justice of the peace, except- 
ing incorporated towns or cities, as soon as practicable after 
the receipt of this circular, to examine the docket of said justice, 
in respect to moneys belonging to the school fund, and to re- 
port the result of said examination to the School Commission- 
er. And semi-annnally thereafter, each Treasurer as aforesaid, 
shall repeat said examination of said justice's docket, and re- 
port to the School Commissioner as aforesaid, on or before the 
15th day of March and September — so that the School Com- 
missioner can include the amount of funds so collected, in his 
semi-annual distribution to the different townships of the 
connty. 

And it shall be the duty of each and every justice of the 
peace aforesaid, to give to the township Treasnrer aforesaid, 
full and free access to his docket, for the examination aforesaid, 
and to pay over to the said Treasurer any and all funds col- 
lected and in his hands, and belonging of right to the school 
fund, taking the receipt of the Treasurer therefor. But jus- 
tices of the Peace are not, hereby, released from the duty of 
paying over said fines, &c., to the School Commissioner as re- 
quired by law, nor is the Commissioner absolved in the least, 
from any duty, in the premises, devolved by law upon him. 

The first examination required herein shall reach back to 
the date of the election of the present acting justice — and each 
subsequent examination, to the date of the preceding one. 
Upon receiving the report of the Treasurer, the School Com- 
missioner will have exact and reliable data upon which to act. 
And when said reports shall reveal the fact that moneys col- 
lected and belonging to the school fund, remain in the hands 
of any justice of the peace, it shall be the duty of said Com- 
'missioner to institute legal proceedings for the recovery of the 
same, as required in the 82nd section of the act. 

When funds are paid by the Magistrates to Treasurers, the 
latter shall pay over the same to the School Commissioner 
without delay, and take his receipt therefor. 



43 



The Treasurer's report of examination, as above mentioned, 
may be in the following form : 

Report of the examination of the doclcet of — Magistrate, in Town- 
ship Range county of 111. Made on the day of — 



-18- 



Names of persons fined. 



Date 
of fine. 



Amt. 
of fine. 



Amt. 
collec- 
ted. 



Amt. paid 
to School 
Com'r. 



Amt. paid 
to township 
Treasurer. 



Amt. collec- 
ted and not 
paid over. 



I certify the above to be correct. 
To School Commissioner. 



To wnsh ip Treasu rer. 



UNION SCHOOLS. 

The practical application of the provisions of the 35th Sec- 
tion, is involved in Eome difficulty. I am disposed, however, 
to take the following view of it: A Union District may be 
formed under two conditions — the separate District organiza- 
tions may be continued after the union, or they may not. 

In the former case, the Union Board is perpei^iated, as it 
was first created, that is by appointment of the separate Boards, 
in joint session — the Union Directors having, at the first meet- 
ing after their appointment, drawn lots for one, two and three 
years. 

In the latter case, which is more common, the separate 
Boards cease to exist, from and after the appointment of the 
Union Board ; the latter immediately assuming all the powers 
and jurisdiction of ordinary Boards of Directors, over all the 
territory of the Union District, and being ever after elected by 
the people, directly, as other Directors are. 

If this view^ is correct, and I think it is, it only remains for 
the Directors of the several Districts to decide, when they 



u 

meet to form the Union District, whether their separate or- 
ganizations shall remain, or whether the Union Board shall 
act as sole Directors for the whole consolidated District. This 
point being settled, the waj is clear. 

Trustees only, have the power to make or change the map 
or plat of a Township, and designate the boundaries of the 
several Districts. And it is necessary, after the Union Dis- 
trict has been formed, as above, for the map to be changed to 
correspond, for the guidance of the County Clerk, in extend- 
ing taxes which the Union Board may levy. It is held to be 
the duty of the Trustees, to make the proper change in the 
map, as soon as the act of union is duly reported to them. 

The formation of " Union Districts," under the 35th Sec- 
tion, differs from the ordinary consolidation of Districts, un- 
der the 33d Section in this; that the former is done by the 
Directors, without the necessity of a popular vote — while the 
latter is done by the Trustees, in obedience to the popular will 
— and also in this, that the purpose in the former case is, to 
establish a Graded School, of higher order than the common 
mixed school ; while in the latter case, such is not the specific 
aim. 



DISTKICT SCHOOL EECOED. 

I wish again to ask attention to the system of keeping the 
minutes of District Boards of Directors, which I have pre- 
pared under the above title. Our school system can never 
have a strong and healthy growth, until its officers are prompt 
and faithful, and its husiness details conducted with method 
and accuracy. I am gratified in being able to state, that a 
large number of Districts are now keeping their records upon 
the plan proposed, and that the results are all that could be 
desired. 

A copy of the Kules for Schools, published herewith, will 
be furnished hereafter, with every copy of the Record. The 
price of tlie book is $4:,00, upon which a liberal discount will 
be made, I am authorized to say, upon all large orders. It is 
strongly bound, and one copy will be sufficient for many 
years. 



4:6 

Directors are autliorized to purchase the Kecord with the 
funds of the District, and they are earnestly recommended to 
do so. 

[ Johnson & Bradford, Publishers, Springfield.] 



ILLINOIS TEACHER. 

The Illinois Teacher is the official organ of the D apartment 
of Public Instruction, and has been, since the organization of 
the latter. Every subscriber to it, will get the current deci- 
sions and interpretations of this office, upon school questions 
of general interest, together with excellent literary and educa- 
tional articles ; practical hints and suggestions on schools and 
teaching ; a summary of piquant and well-selected items of 
information on educational and miscellaneous subjects ; able 
and reliable notices and r3 views of new books, &c., &c., from 
some of the best minds and most experienced teachers in the 
State. The following is the publishers' circular: 

THE ILLINOIS TEACHER FOR 1860— VOL. VL 

The Illinois Teacher : a Monthly Journal, devoted to Education, Science, and Free 
Schools. Terms, one dollar a year, in advance. Dr. Samuel Willard, Blooming- 
ton, 111., Editor; James H. Blodgett, Mendota, 111., Associate Editor; Nason & 
Hill, Publishers, Peoria, 111. 

From among the many names of gentlemen whose support, as friends and regular 
or occasional contributors, has been promised to the Teacher, we present the follow- 
ing of persons whose public function or position makes them more likely than others 
to be extensively known : 

Hon. Newton Bateman, State Superintendent, and former Editor Teacher; Chas. 
E. HovEY, Principal State Normal University, and former Editor Teacher; ChAS. A. 
DuPEE, Principal Chicago High School, and late Editor Teacher; Wm. H. Wells, 
Superintendent Public Schools, Chicago, former Principal of Westfield Normal 
School, Mass., and author of Wells' Grammar; Rev. Julian M. Sturtevant, D.D., 
President of Illinois College; Jonathan B. Turner, former Professor of Rhetoric, 
Illinois College; Ira Moore, Professor of Mathematics, Normal University; E. C, 
Hewett, Professor in State Normal University ; J. V. N. Standish, Professor in 
Lombard University; E. S. Wilcox, Professor in Knox College; Rev. Joseph Ha- 
DEN, Professor in Chicago Theological Seminary ; S. M. Cutcheon, Superintendent 
Public Schools, Springfield. 

NASON & HILL, Publishers, Peoria, III. 



46 



RULES AlSrX) REG-TJLATIOJSrS 

FOK PUBLIC SCHOOLS. 



I am so often a]3plied to for my views respecting the gov- 
ernment and management of public scliools, that I have been 
induced to prepare, and beg leave respectfully to present, 
for the consideration of Teachers, Parents, Directors, and 
friends ot free schools generally, the follomng compend of 
rules and suggestions, founded upon principles which are 
recognized as sound and useful by the most experienced teach- 
ers. These are mainly compiled from the best sources at my 
command. 

It is not presumed that they will be found exactly adapted 
to the circumstances of any individual community or school. 
They are offered only as a sort of general thesaurus, from 
which each District can select to suit its own needs. The 
chief utility hoped for, is in the way of hints and suggestions 
to the inexperienced. 

It is proper to add, that most of these regulations have 
borne the test of long experience, in many of the best schools 
in the land. Many of them I have myself used, with the best 
results, for many years. 

Among the authorities consulted, special acknowledgment 
is due to " The Teachers' Assistant," by Chakles Noethend, 
of JSTew Britain, Conn. ; an excellent treatise recently pub- 
lished. I have also made free use of whatever I could iind, 
suited to my purpose, in the published codes of Boston, Cin- 
cinnati, St. Louis, Chicago, Cleveland, Columbus, Springfield, 
Jacksonville, &c. 



[I] 
EULES DEKIYED FliOM THE SCHOOL LAW. 

1. ]N^o person under five, or over twenty-one years of age 
shall be received into any District school, without the special 
iDcrmission of the Directors. 



47 

2. 1^0 person, under twenty-one, shall attend school in anj 
District but the one in which he resides, without written per - 
mission from the Directors of both Jjistricts. 

3. Schedules shall be kept in the form prescribed by law, 
and promptly retm*ned to the Directors for their examination 
and approval. 

4. When a school is composed of pupils from different 
Districts, Townships or Counties, a separate schedule shall be 
kept for each Distrist, Township or County. 

5. Before any teacher can be lawfully employed by the 
Directors, he or she must exhibit to them, a legal certificate of 
qualifications, from the School Commissioner of the County 
in which the school is to be taught. 

6. Teachers whose certificates have been revoked by the 
School Commissioner, shall not be entitled to public money, 
from and after the date of said revocation. 

T. The Directors may dismiss a teacher, for incompetency, 
cruelty, negligence, or immorality. 

8. The Directors may prescribe what branches shall be 
taught, and may suspend or expel pupils, for refractory or in- 
corrigibly bad conduct. 



[II] 
EULES GOVERNING TEACHERS. 

1. All the teachers are required to be in their respective 
school rooms, both morning and afternoon, fifteen minutes be- 
fore the time fixed for the session to begin.* . 

2. The hours of study, and recitation and recreation, shall 
be arranged in tabular lorm and these hours shall be punctu- 
ally and strictly observed. 

3. The teachers of the several schools shall prescribe such 
rules for the use of the yards and out-buildings connected with 
the school houses as shall insure their being kept in a neat 
and proper condition, and shall examine them as often as may 
be necessary for such purpose. 

*Tlie time may be ten, fifteen, or twenty minutes— or, fifteen in the morning and 
five in tlie afternoon. 



4:8 

4. It shall be the duty of the teachers to give vigilant at- 
tention to the ventilation and temperature of their school- 
rooms. A regular system of ventilation shall be practiced in 
winter as well as in summer, by which the air in all the school 
rooms shall be effectually changed at each recess, at the close 
of each school session, and at such other times as may be ne- 
cessary to prevent the breathing of impure air. "Whenever 
windows are opened for the purpose of ventilation it shall be 
by lowering them from the top ; and children shall in no case 
be allowed to sit in a draught of cold air. The temperature 
of the rooms should at no time be higher than 65 degrees 
Fahrenheit. 

5. Every teacher shall allow a recess, each half day, of 
fifteen minutes, from the time the pupils leave their seats, until 
they are again seated, and this should be given as nearly as 
may be at the expiration of one-half of each school session. 
Iso pupil shall be deprived of recess except when he has pre- 
viously been allowed to go out, or is suffering penalty ; nor 
shall any pupil study recess time unless under similar circum- 
stances. 

'No pupil shall be detained at the noon recess, and a pupil 
detained at any other recess shall be permitted to go out im- 
mediately thereafter. 

In schools for small children, there may be more frequent 
recesses. Some allow three or five minutes recess, within 
doors, after recitation, &c. 

6. Teachers shall notify Directors whenever it is necessary 
to procure articles for sweeping and cleaning the school house, 
or to employ persons to make the necessary fires, and insure 
the cleanliness of the building. 

7. Teachers shall prescribe such rules for the use of the 
yards and out-buildings connected with the school houses as 
shall insure their being kept in a neat and proper condition, 
and shall examine them as often as may be necessary for such 
purpose, and they shall be held responsible for any want of 
neatness or cleanliness on their premises. 

8. The Principal of each department of the several schools 
shall establish special rules for securing good order in the stair- 
ways and school yards. 



4:9 

9. Teachers may inflict punishment by detaining a pupil 
after school ; by requiring a pupil to stand or sit in some spec- 
ified place ; or by whipping with a switch or strap ; but no 
blows shall be inflicted with a ruler or any inflexible substance, 
nor with a cow-hide, hickory rod, rope, knotted cord or stick, 
nor shall any blows be inflicted upon the head of a pupil ; nor 
shall any punishment be inflicted by pulling hair or ears, 
slapping, placing in painful or ridiculous postures, or in any 
other way than those first above permitted. 

10. Whenever punishment is inflicted by detention or by 
whipping, the teacher shall keep a record of the name of the 
pupil punished, the time when he was punished, the cause of 
punishment, and the nature and amount of the punishment ; 
and this record shall be kept private and exhibited to the 
school ofiicers only, at their request. If possible, all but the 
teacher and pupil shall be excluded from the room in which 
corporal punishment is inflicted, during such punishment. 
Avoid corporal punishment as much as possible. 

11. Teachers may, for violent insubordination or opposi- 
tion to authority, or for flagrant ofi'enses, temporarily suspend 
a pupil from the school, and require him to leave the premises; 
but all such suspensions shall be temporary only and must be 
reported on the same day to the parents or guardian and to 
the Board of Directors for further action, and shall stand good 
until action of the Board is had. 

12. Teachers may give, in each quarter, one'morning half- 
holiday and one afternoon half-holiday, either on the same 
day, or on difl'erent days, for the purpose of obtaining time to 
visit other schools in the District or in the vicinity. 

13. Teachers shall keep a register according to a prescribed 
method, in which they shall record the names of the parents 
and guardians, the names, ages, and the time of entrance of 
the scholars, and indicate their attendance and deportment; 
and shall make such a report at the close of each term as the 
Board may require. 

14. The teacher shall send a monthly report to the parent 
or guardian of each pupil, showing the averages of the pupil 
in attendance, scholarship and deportment ; to be signed by 
the parent or guardian, and returned to the teacher. 



50 

15. In case of tardiness or absence, teachers sliall require 
pupils to bring or send an excuse in writing, from their parents 
or guardians, assigning good and sufficient reason for such tar- 
diness or absence. 

16. 'No pupil shall be permitted to leave school at recess, 
or at any other time before the regular hours of closing school, 
for the purpose of attending to any music, dancing, writing or 
other lessons, or for any other cause whatsoever, except that 
of sickness, or some urgent necessity. 

Sickness of the pupil, or in the. family, or some pressing 
emergency, shall be the only legitimate excuse for absence ; and 
in default of such excuse, the re-admission of the pupil shall 
depend upon the circumstances of the case, and the discretion 
of the Directors. 

17. No holidays shall be given in school except those al- 
lowed by the Board of Directors ; nor shall any teacher dismiss 
his school before the regular time, except for accidents or emer- 
gencies which render the room untenable for the time, or on 
account ot sickness. 

18. Teachers shall not appropriate to themselves in the 
school or within the hours thereto belonging, any portion of 
time for their own reading, writing or business ; nor shall they 
engage in any other business which, in the judgment of the 
Board of Directors will interfere with or be inconsistent with 
the performance of their duties. 

19. Teachers shall not engage in any other teaching or give 
private lessons before 6 o'clock P. M., Saturdays excepted. 

20. No teacher shall absent himself from school, during 
school hours, except on account of sickness, or other unavoid- 
able necessity. 

21. No teacher shall have the right to resign, during the 
term for which he or she was appointed, without consent of 
the Board and at least two weeks' notice. Any teacher doing 
so, shall be liable to the forfeiture of two weeks salary, at the 
option of the Directors. 

22. IN'o teacher shall allow any advertisements to be distrib- 
uted or posted in the school house or on its premises ; nor shall 
any persou be permitted to enter the school for the purpose of 
exhibiting any book or apparatus or other article for sale to the 
teachers or pupils. 



51 

23. Teachers shall not sell books and stationery to pnpils ; 
nor allow any contribution or subscription to be raised in 
school ; provided that this restriction shall not be held to pro- 
hibit teachers from encouraging their pupils in appropriate 
ways to subscribe for juvenile or educational periodicals. 

24. When a teacher assigns lessons to be learned out of 
school hours, he must have due regard to the age, health and 
proficiency of the pupil. 

25. Teachers shall not vary from the usual order of school 
exercises, on account of visitors. 

26. Teachers shall not award any medals or other prizes to 
the pupils under their charge, unless specially authorized by 
the Board. 

27. 'No pupil shall be received or continued in the common 
schools, known to be affected with a contagious or infectious 
disease, or coming from a family where any such disease pre- 
vails. 

28. It shall be the duty of each teacher to see that the 
windows of his school-room are carefully closed ; that the fire, 
if any, is in a perfectly safe condition, and that the outside 
door of his room is locked at the close of each day. 

29. Any child that comes to school without proper atten- 
tion having been given to the cleanliness of his pei^on or 
dress, or whose clothes need repairing, shall be sent home to 
be properly prepared for the school room. 

20. It shall be the duty of the principals of the schools to 
read to the pupils of their respective departments, from time 
to time, so much of the school regulations as apply to them, 
that they may have a clear understanding of the rules by 
which they are governed. 

ADVISORY SUGGESTIONS. 
[ From the Teacher's Asaistant.l 

1, From your earliest intercourse with your pupils, incul- 
cate the necessity of prompt, cheerful and exact obedience. 

2. Unite firmness with gentleness ; and let your pupils 
clearly understand that you mean exactly what you say. 



62 

3. JSTever promise any thing, unless jou are quite sure you 
can give, or do, what you promise. 

4. I^ever threaten a definite punishment for an anticipated 
offense. 

5. Study the dispositions of your pupils, and adapt your 
modes of discipline to the same. 

6. ]^ever be late at school. , 

I. Be courteous in action and expression. 

8. !Never tell a pupil to do any thing, unless you are sure 
he knows how it is to be done ; — or show him how to do it, 
and then see that he does it. 

9. Always punish a pupil for willful disobedience ; but 
never punish unduly, or in anger ; and in no case give a blow 
on the head. 

10. l^ever let your pupils see that they can vex you, or 
make you lose your self-control. 

II. If pupils are under the influence of an angry or j)etu- 
lent spirit, wait till they are calm and then reason with them 
on the impropriety of their conduct. 

12. JN^ever yield anything to a pupil because he looks an- 
gry, or attempts to move you by threats and tears. Deal mer- 
cifully, but justly too. 

13. A little present punishment, when the occasion arises, 
is more effectual than the threatening of a greater punish- 
ment, should the fault be renewed. 

14. Never allow pupils to do at one time, what you have 
forbidden, under the like circumstances at another. 

15. Teach the 3^oung that the only sure and easy way to 
appear good is to be good. 

16. Never allow tale-bearing. 

17. If a pupil abuses your confidence, make him, for a 
time, feel the want of it. 

18. Never allude to former errors, when real sorrow has 
been evinced for having committed them. 

19. Encourage, in every suitable way, a spirit of diligence, 
obedience, perseverance, kindness, forbearance, honesty, truth- 
fulness, purity and courteousness. 

20. Never speak in a scolding, fretful manner, but use 



53 

tones of gentleness. Some teachers defeat tlieir object by 
using harsh and boisterous tones. 

21. Ee consistent in your requirements and uniform in 
your practice. 

22. Set a good example in all things. Constantly aim at 
thoroughness in teaching. 

23. Inculcate habits of neatness. 

24. In conduct be what you wish your pupils to become ; 
avoid what you wish them to avoid. 



[Ill] 
KULES GOYEKNING PUPILS. 

1. ISTo pupil shall be suffered to remain in school unless fur- 
nished with the books and utensils required to be used in the 
department to which he belongs. 

2. Pupils shall not bring to school, for the purpose of peru- 
sal, any papers, periodicals, novels or other books, having no 
connection with their school exercises. 

3. Scholars must not appear in or about the yard earlier 
than thirty minutes before the opening of the school, except 
by permission of the teacher in charge, nor remain in the yard, 
for play or any other purpose, after school, either morning or 
evening, but shall leave the premises immediately. 

4. Scholars shall be prompt and punctual in their attend- 
ance, and in case of absence or tardiness shall present a written 
excuse from the parent or guardian to their teacher ; and all 
lessons omitted on account of absence or tardiness, shall be 
made up unless there are sufficient reasons to the contrary. 

5. No pupil shall be allowed to leave the yard at recess, 
without permission from the teacher. 

6. Every pupil who shall, accidentally or otherwise^ injure 
any school property, whether fences, gates, trees or shrubs, or 
any building or any part thereof, or break any window glass, 
or injure or destroy any instrument, apparatus or furniture 
belonging to the school, shall be liable to pay in full for all 
the damage he has done. 



64 

7. Any pupil who shall call out to, hoot at, throw any mis- 
sile at, or in any other manner molest or annoy any person in 
the street, shall be deemed guilty of a flagrant oftense, and 
shall be dealt with accordingly. 

8. Pupils shall not sit or stand upon the fences in front of 
the school-house at any time. 

9. Any pupil who shall absent himself from any regular ex. 
amination of the school wdiich he attends, without rendering a 
satisfactory excuse to the principal, shall be suspended from 
the school; and the principal shall immediately report the case 
to the parent of the pupil, and also to the Directors for their 
action thereon. 

10. Scholars wishing to leave the school at any time during 
the term, should signify the same to the teacher, and secure 
an honorable dismission ; and any scholar who shall be absent 
more than a week w^ithout notifying the teacher, shall forfeit 
all claim to his desk for the remainder of the term. 

11. Caps, bonnets and all outer garments must be placed on 
the hook assigned to each pupil, immediately on entering 
school. 

ADTISOET SUGGESTIONS. 

\_ From the Teacher's Assistant. 1 

1. On entering the school, pass as quietly as possible to 
your seat, taking care to close the door gently, and avoid 
making unnecessary noises with the feet in crossing the room. 

2. Take out books, slate, etc. from yom- desk with care, and 
lay them down in such a manner as not to be heard. Avoid 
making a rustling noise with papers, or noisily turning over 
leaves of books. Never let the marking of a pencil on your 
slate be heard. 

3. Be careful to keep the feet quiet while engaged in study ; 
or if it be necessary to move them, do it without noise. 

4. In passing to and from recitations, observe whether you 
are moving quietly. Take special care if you wear thick shoes 
or boots, or if they are made of squeaking leather. 

5. Avoid the awkward and annoying habit of making a 
noise with the lips while studying. 



55 

6. Scuffling, striking, pusliing, or rudeness of any kind 
slioiild never be practiced at all within the school building. 

7. Let your shoes or boots be cleaned at the door-steps ; al- 
ways use the mat, if wet, muddy, or dirty. 

8. Never suffer the floor under your desk, or the aisles 
around it, to be covered by papers, or anything else dropped 
on it. 

9. Avoid spitting on the floor; it is a vulgar, filthy habit. 

10. For cleaning your slate you should provide yourself 
with a piece of sponge and should moisten it with clean water, 
before school opens, or at recess. 

11. Marking or writing on the desks, walls, or any part of 
the building, or school premises, with pencil, chalk or other 
articles, manifests a bad taste, or a vicious disposition to de- 
face and destroy property. JSTone but a vicious, reckless, or 
thoughtless person will do it. 

12. Knives should never be used in cutting anything on a 
desk. 

13. Particular care should be observed to avoid spilling ink 
anywhere in the school building. 

14:. Let your books, etc. be always arranged in a neat and 
convenient order in your desk and upon it. 

15. After using brooms, dust brushes etc., always return 
them to their places. 

16. Be ambitious to have every part of our school in so neat 
and orderly a condition, that visitors may be favorably in:ipres- 
sed with this trait of our character. 

17. ]^ever meddle with the desk or property of another 
scholar, without liberty. 

18. Boys should never wear hats or caps in the school 
room. 

19. Always be in your own place, and busy about your 
own duties. 



56 

[IV] 

MISCELLANEOUS EULES. 

1. The hours of tuition and study, from the first day of 
April to the first day of September, shall be from 9 o'clock A. 
M., to 12 o'clock M., with fifteen minutes' recess and from 2 
to 5 o'clock P. M., with fifteen minutes' recess ; and for the 
remainder of the year from 9 o'clock A. M., to 12 o'clock M., 
and from 1|- to 4:^ o'clock P. M., with fifteen minutes' recess. 

2. The books used and the studies pursued in all the pub- 
lic schools, shall be such and such only as may be authorized 
by the Board. 

3. The holidays shall be every Saturday, Christmas to E'ew 
Year's Day, inclusive, and all Thanksgiving and Fast Days 
authorized by the State and General Government. 

4. 'No teacher or pupil shall be permitted to use tobacco in 
any form, during school hours. 

5. Proprietors or agents of public exhibitions, desiring the 
attendance of pupils from the public schools, are prohibited 
from causing said exhibitions to be published in the Schools, 
without consent of the Board of Directors. 

6. All sweeping, dusting, and cleansing school houses shall 
be done out of school hours. 

7. In all cases where the conduct and habits of a pupil are 
found injurious to associates, it shall be the duty of the princi- 
pal, to report the matter to the Directors for their action. 

8. The school buildings under the control of the Board of 
Directors, shall not be used for any other purpose than the ac- 
commodation of the public schools, except by special vote of 
the Board. 

9. For violent and repeated opposition to the authority of 
any teacher of he school, the principal may exclude a pupil 
from the school, and immediately notify the parent or guard- 
ian, and Directors, of the cause. Such pupil, by pro2:)er ex- 
pression of regret to his or her teacher, and giving satisfactory 
evidence of amendment, may, by the consent of the Directors, 
be re-instated in the school. 

10. The tcMchers are expected, as far as practicable, to ex- 
ercise a gen.eral inspection over their pupils while going to and 
fi'om school. 



67 

11. The morning exercises may commence with reading a 
portion of ScripturCj in each room, by the teacher, and it is 
recommended that the reading be followed with the Lord's 
Prayer, repeated by the teacher alone, or chanted by the teach- 
er and children in concert. 

12. Any parent or guardian, feeling aggrieved by the ad- 
ministration of the governmont of this school may make ap- 
plication for redress to the Board of Directors ; but all are 
especially requested not to embarrass teachers by stating "to 
them such grievances at the school room, or in the presence 
of the scholars. 

13. 'No scholar who shall leave the school, or be withdrawn 
therefrom, for a supposed grievance of this kind, without con- 
sulting the Directors, shall be permitted again to enter school 
without the consent of the Board. 

14. No pupil under censure in another District, shall be 
received into any school in this District, until such censure be 
removed. No suspended pupil shall be re-instated except by 
order of the Board. 



I am fully aware of the lack of method and orderly ar- 
rangement, which the critical will observe in this circular, and 
much regret that I could not command time to render it less 
faulty in this respect. It is hoped that this defect will be re- 
garded leniently, in view of the circumstances under which 
the labor has been performed — namely — in the brief intervals 
of regular office duties, which are themselves onerous, and in 
discharging which I am left to depend upon myself alone. 

I have written solely to elucidate the principles of the 
school law, and sincerely hope that, imperfect as the circular 
is, it may prove useful to those for whom it is intended, and 
would earnestly invoke the kind aid of all school officers and 
friends of Education, in carrying out the beneficent purpose 
of the Free School System of Illinois, 

NEWTON BATEMAN, 

jSupt Public Instruction. 



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